SENTENCE
I have listened to the plea for leniency and have considered the fact that the
convict is a first time offender, as mitigating circumstances in his favour.
However, having sexual intercourse with a child of 12 years is an absurd
and outrageous conduct, which in my view falls short of the contemporary
standards of modesty and decency. The purpose of our Criminal Law will
be defeated, and moral decadence will take central stage in our society if it
were to be accepted that children can validly consent to sexual intercourse.
I shall not engage in any act of judicial activism here. I shall leave this issue
for those who exercise legislative power to decide. It is a food for thought
for parliament. There appears to be a rampant upsurge of aged men lying
with children fit enough to be their great-grand children. This trend must
be discouraged. I shall accordingly,
EMMANUEL A. NKEA
JUDGE
SENTENCE THE CONVICT ALASAN TOURAY
1. To 10 years imprisonment with hard
labour.
2. Sentence to run from the 25th day of
January 2011 being the day the convict
was first taken into custody.
3. There shall be no further Order.
ISSUED AT BANJUL, UNDER THE SEAL OF THE COURT AND THE
HAND OF THE PRESIDING JUDGE THIS 15th DAY OF FEBRUARY
2012
............................
REGISTRAR
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